Research On The Utilization Of Copyright Of Orphan Works

Orphan works refer to works whose copyright protection period has not expired,but potential users cannot obtain the right of use through transactions because the right holder is unclear or the identity is clear but cannot establish contact.Because they cannot obtain the permission of the right holder,the user either chooses to abandon the original use plan or choose to use infringement.If such works are not regulated by legislation,it will not only cause a great waste of cultural resources,but also damage the legitimate rights and interests of their rights holders.With the advancement of global networking and digitization,the number of orphan works is also increasing sharply.How to solve the plight of the use of orphan works has become a realistic problem before the legislators of various countries.To solve the problem of orphan works,the United States,the European Union and other countries have actively carried out legislative work to explore the best way to solve the problem of orphan works,and have achieved considerable results.my country also responded to this issue in the "Copyright Law Submission Draft" formulated during the third revision of the Copyright Law,but unfortunately,the "Copyright Law Submission Draft" finally failed to pass.Therefore,the issue of orphan works in our country is still unresolved.Therefore,studying this issue in our country has strong practical significance.The article is divided into five parts:The first part is the introduction,which mainly introduces the writing background and significance of this article,as well as the research directions and conclusions of scholars at home and abroad on the issue of orphan works.The second part is an overview of the problem of orphan works.After clarifying the concept and characteristics of orphan works,this article points out that the emergence of orphan works is traceable,including the extension of copyright protection period,automatic copyright protection and other reasons of the copyright system itself,as well as technological progress,External reasons such as lack of copyright awareness.Afterwards,this article discusses that the core of the problem of orphan works lies in the three problems faced by the use of orphan works,namely,the illegal use of orphan works,the high cost of using orphan works,and the opposition of copyright owners.The third part is an introduction to the status quo of protection of orphan works in our country,aiming to clarify the objective facts that my country’s current legislation cannot effectively regulate the use of orphan works.First,we reviewed the legal provisions related to orphan works in our country,including the provisions of the existing legal system and the relevant provisions of the drafts for review.Finally,through an in-depth analysis of the above clauses,it is pointed out that the existing laws and regulations in our country cannot effectively solve the problem of orphan works.There are insufficient adjustment scopes,insufficient protection of copyright owners’ rights and interests,and lack of complete supporting systems.The fourth part is the investigation of the solutions to the works of orphans outside the territory.This part inherits the content of the second part of this article,focusing on the analysis of the measures taken by foreign orphan works to deal with the three problems in the use of orphan works,in order to provide a reference for the establishment of the protection model of orphan works in my country.Foreign settlement bills all use “diligent search” + “financial compensation” as the prerequisites for the use of orphan works,but there are differences in the specific rule design.Finally,it demonstrates the necessity of the issue of orphan works in our country’s legislation on four levels.The fifth part is the legislative suggestions for the construction of the protection system of orphan works in our country.On the basis of combining the research contents of the third and fourth parts of this article,this part puts forward specific suggestions for the construction of the protection system of orphan works in my country.First of all,it is necessary to clarify the connotation of orphan works,and secondly,in the choice of utilization mode,the two-layer structure of compulsory license and reasonable use is used as the solution to the problem of orphan works in my country.Third,it is clear that we will try our best to find objective standards for adding reasonable compensation.Finally,through the improvement of the existing copyright collective management system and registration system,it will play its supporting role in supporting the above-mentioned solutions.